Another day....another lawsuit. This time about a bird.

manning

Just for that I have requested it
Joined
Feb 12, 2002
Shame on Disney. They should have posted a sign. " no bird zone. Any bird violating it will be banned from Disney for life":joker:
 
  • Saxsoon

    Can't wait until Nov 2019 for next WDW fix
    Joined
    Jul 26, 2005
    Just not sure in what world that disney is responsible
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    Just as often the decision is made on thoughts like Disney has deep pockets, the plaintiff is looking for a windfall, there’s no merit to the claim. Fortunately, many, many persons who serve on juries take their duties seriously and decide based on the facts and law before them.
    You will find on these boards, that EVERY lawsuit brought against Disney is thought to be frivolous and just a money grab. Every single one. Disney is NEVER wrong and NEVER responsible. Actually its not just Disney, in other parts of the boards, its that way for any lawsuit, any where.

    But I do see what you are saying. If Disney planted larger trees, with the knowledge that these certain birds would nest there and could be a potential problem for their guests on the balconies; then Disney could be found liable if someone is injured by the birds while on the balcony. Disney could have easily chose to landscape with a type of bush or tree that the birds would not nest in (many places do this when choosing plants for their landscape) but instead created the situation.

    Its not really so much different than if Walmart mops the floor and leaves it wet and doesn't put up wet floor signs. They caused a potential injury causing situation. If someone falls, then Walmart is liable.
     

    Boski

    DIS Veteran
    Joined
    Jun 17, 2012
    But I do see what you are saying. If Disney planted larger trees, with the knowledge that these certain birds would nest there and could be a potential problem for their guests on the balconies; then Disney could be found liable if someone is injured by the birds while on the balcony. Disney could have easily chose to landscape with a type of bush or tree that the birds would not nest in (many places do this when choosing plants for their landscape) but instead created the situation.
    But if I've read correctly she couldn't identify the bird, so without that knowledge I don't see how that argument stacks up.
     

    mcjaco

    Kelp!
    Joined
    Jul 29, 2007
    Yes, but in my example, Disney did something (the landscaping) that actually increased the risk of the birds attacking guests.

    Therefore, the behavior of the birds would not be "unpredictable." It was predictable, and caused by the actions of Disney, and Disney refused to take steps to mitigate the danger (in my hypothetical).

    I will say, that if I had to bet on the outcome, that this will be thrown out as frivolous (unless Disney decides that a quick settlement was cheaper than the court costs/attorney's fees required to get it tossed - and they assume they wouldn't be able to recover attorney's fees). But, I would not say it with certainty without at least reading the complaint.
    You will find on these boards, that EVERY lawsuit brought against Disney is thought to be frivolous and just a money grab. Every single one. Disney is NEVER wrong and NEVER responsible. Actually its not just Disney, in other parts of the boards, its that way for any lawsuit, any where.

    But I do see what you are saying. If Disney planted larger trees, with the knowledge that these certain birds would nest there and could be a potential problem for their guests on the balconies; then Disney could be found liable if someone is injured by the birds while on the balcony. Disney could have easily chose to landscape with a type of bush or tree that the birds would not nest in (many places do this when choosing plants for their landscape) but instead created the situation.

    Its not really so much different than if Walmart mops the floor and leaves it wet and doesn't put up wet floor signs. They caused a potential injury causing situation. If someone falls, then Walmart is liable.
    Planting trees is not a pretense to being able to determine animal behavior.

    Legally, there also has to be notice of said condition (birds flying into patron's heads) to set a legal condition for Disney to need to do anything. I highly doubt there was more than one case of this occurring. So there's one legal "out."

    Our local park district planted bushes years and years ago that a red winged black bird decided recently to make it's nest. Never been an issue before. Now people can't walk down that path without it flying at them. Next year? Probably will be back to normal. The plantiff has to present an argument that this issue was known of, or should have been known to occur. I'd say that's a huge uphill battle.
     
  • luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    But if I've read correctly she couldn't identify the bird, so without that knowledge I don't see how that argument stacks up.
    I was using that as just an example. If Disney planted anything or did anything to their landscaping that could be seen as encouraging the or any birds to nest or stay close or didn't do anything to prevent the problem; then Disney could possibly be liable.
     

    luvsJack

    DIS Veteran
    Joined
    Apr 3, 2007
    Planting trees is not a pretense to being able to determine animal behavior.

    Legally, there also has to be notice of said condition (birds flying into patron's heads) to set a legal condition for Disney to need to do anything. I highly doubt there was more than one case of this occurring. So there's one legal "out."

    Our local park district planted bushes years and years ago that a red winged black bird decided recently to make it's nest. Never been an issue before. Now people can't walk down that path without it flying at them. Next year? Probably will be back to normal. The plantiff has to present an argument that this issue was known of, or should have been known to occur. I'd say that's a huge uphill battle.
    Planting trees was just an example. Didn't someone say it had been a problem in Adventureland? And I know on a previous trip of ours, there were some bird issues in MK and in Sea World.

    There are some large birds in Florida and some that can be aggressive. I am not saying or even thinking that the woman is right or is owed anything. But I can see, the attorney possibly trying to argue that Disney should have known to try and discourage these birds from hanging around the property.
     

    middlechild

    Mouseketeer
    Joined
    Nov 4, 2013
    If guests passing by the same spot were attacked by the same bird, day after day, and Disney did not warn other guests, then some measure of liability could be inferred. There was a known danger of injury present. Further, if it could be shown that Disney placed barricades or ropes in other places for the same reason, then cause for the injury could be shown. Responsibility through inaction. Just my own guess, I have no knowledge other than the initial report. Settle the case for 5K, and move on. Or a season pass, are they the same amount?
     

    cdoc29

    Cruising with the Crazies
    Joined
    Apr 22, 2010
    This thread reminds of the negative press the woman received who sued McDonalds over the hot coffee. But if you actually research the facts in that case you realize just how wrong McDonalds was in that situation. Bottom line is nobody here knows the details of this incident and is in no position to pass judgement.
     
  • brewcrew

    DIS Veteran
    Joined
    Apr 25, 2009
    For those new to this world, stuff happens. You can't protect yourself from everything. Most people meet adversity, pick themselves up and continue on. Others look around for some one to blame (sometimes deservedly but most of the times not). I consider this an act of nature.
     

    stewart715

    #KEEPFIGMENT
    Joined
    Apr 5, 2019
    It rained while I was in Magic Kingdom the other day and my phone got wet and is ruined. I’m thinking of suing Disney for not having any “It could rain” signs.
     

    mcjaco

    Kelp!
    Joined
    Jul 29, 2007
    ^ It's typical boilerplate complaint language asserting defendant breached the care, custody and control of their premises. Nothing shocking.

    Pretty sure that due to the issue with the alligator a couple years ago, Disney will probably have to fight off more of these complaints, until they set enough legal precedent where PC's won't bother taking cases. I had to do that when I handled premises liability on a number of occasions.
     

    MickyLynn

    Mouseketeer
    Joined
    Apr 5, 2019
    I almost forgot about this...we were staying at an off-property resort last week. We were going to my MILs room one morning, and 2 of the housekeeping staff were walking by the adjacent building, in the covered walkway right in front of the rooms. I saw 3-4 birds come out off the bushes lining the sidewalk, and I expected them to take off. Nope. They flew straight at these poor womens' faces. I could not believe how crazy aggro these birds were. It wasn't a grab-n-go like food stealing. I'm talking a small strike force of birds with an attack plan, and they charged her at least twice. That's when I was reminded that birds are basically dinosaurs, and this lawsuit started to make sense.
     

    tcufrog

    DIS Veteran
    Joined
    Jul 18, 2012
    Have any of you read the short story the movie “The Birds” was based on? I read it for high school English on the proverbial dark and stormy night. It freaked me out so much that I couldn’t sleep all night. Ever since then, I’ve been freaked out by all birds except penguins.

    My former personal trainer is tough woman from Arkansas who doesn’t take sh*t from anyone. She once told me that the scariest thing that’s ever happened to her was being chased by a goose.
     

    middlechild

    Mouseketeer
    Joined
    Nov 4, 2013
    Having walked past nesting Canadian Geese one evening, the aggression can be quite frightening. If Disney management knew of nesting birds, and did not put up cones or warnings of any kind, they have some responsibilities for not warning guests. If management can be shown to have put up warnings in other, like, situations then negligence can be argued. Lots of ifs here, and I am not a lawyer, only pointing out an aggressive bird can pose danger to anyone with medical conditions.
     

    Jimbadd

    Earning My Ears
    Joined
    Jun 18, 2019
    There should be a law against stupid lawsuits. They should charge the woman and that attorney with criminal charges For Avon bringing it up
     

    justtobeme2

    Mouseketeer
    Joined
    Sep 22, 2008
    A few years ago I was getting into the hot tub at POR and slipped on the second step. They were not very nice at all when I went in to tell them. The rail hit my right side and I was bruised down my whole side. My back hurt terribly. All I asked for was some icy hot or something like that and they just blew me off. Here is the clincher..everyone in the hot tub knew that the second step was slick and that is why they said "be careful" which I was but it slipped out from under me. They said I had been the 3rd person to slip on that step that they had seen. The problem was and I tried telling this to them at the office is the the second step didn't have any of that grit or whatever it is that makes it less slippery, it was slick as glass and I was holding on to the rail. I was sorely disappointed in Disney's response. The mgr begrudgingly told me she could "send someone to the store if I wanted" to get the icy hot. And i did. I wouldn't have slept at all that night and I was hurting the rest of the trip. I wasn't trying to sue them I just wanted a little consideration and for them to fix the problem so other's didn't do this. I told her (mgr) that 2 before me had slipped and all she had to do was check it. I expected next day hot tub to be drained while they repainted that area with some texture paint,,,but nope, not a thing was done.
     



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